VISHAMBHAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Dispute with regard to date of birth of petitioner has ultimately given rise to filing of the present writ petition. An order passed by the District Magistrate dated 13.4.2012 holds that petitioner's date of birth is 6.7.1943, and consequently, he was required to superannuate on 31st July, 2001. This order is assailed in this petition.

(2.) Perusal of the records would go to show that a previous order of the District Magistrate dated 6.1.2004 was challenged before this Court in Writ Petition No.3605 of 2004, which was dismissed on 17.2.2004. A special appeal no.333 of 2004 filed against such order, however, was allowed on 28.7.2011 and the order of the District Magistrate was quashed. A direction was issued to the District Magistrate to conduct a fresh enquiry and thereafter pass an order. Operative of the order dated 28.7.2011, passed by the special appellate bench, is reproduced hereinafter:-

(3.) It is pursuant to this direction that the matter has been reconsidered by the District Magistrate by the order impugned. The District Magistrate in his order has clearly recorded that the original records were directed to be produced by the concern Principal, and that the original records of the institution have been produced before him on 21.1.2012, as per which petitioner's date of birth is mentioned as 6.7.1943 and not 6.6.1946, as is being claimed by petitioner.